Mexico Move to Protect Vape Consumers from Punishment
Mexican lawmakers are moving to modify the proposed legislation banning vapes and electronic cigarettes to ensure that individual consumers are not criminalized. Pedro Zenteno, the Morena party president of the Chamber of Deputies’ Health Commission, is preparing a “reservation” (amendment) to alter the wording of Article 282 Quater in the reform bill.
The original draft broadly prohibits the “acquisition,” production, distribution, and sale of vaping devices nationwide. Zenteno argues that the term “acquisition,” without qualification, leaves room for legal interpretation that could penalize consumers simply for possessing these products. His proposed amendment clarifies that the prohibition applies to acquisition “for commercial purposes.”
Zenteno emphasizes that the federal initiative aims to target the economic activities surrounding the production and trade of vapes, not personal consumption. He argues that criminalizing users would violate the right to the free development of personality, a principle upheld by the Supreme Court, which allows adults to choose their recreational activities. “Using the word acquisition leaves the door open to interpretation by Public Ministries and judges that can damage the conduct of consumers,” Zenteno stated.
This stance has bipartisan support, with PAN party member Éctor Jaime RamÃrez Barba also planning to present a similar reservation to explicitly ban acquisition only “for commercial purposes.” The bill, approved by the Health Commission last Tuesday, defines vaping devices broadly and currently proposes prison sentences of one to eight years and fines ranging from approximately 11,000 to 226,000 pesos for violations. The proposed changes aim to focus these severe penalties strictly on the commercial supply chain rather than individual users.
- Read more: Mexico Considers Full Vape Ban with Prison Penalties
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